| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb0748* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 748 | |
| 11 | 8 | L3 5lr2762 | |
| 12 | 9 | ||
| 13 | 10 | By: Delegates Schindler, Hill, Kaufman, Roberts, Spiegel, and Wu | |
| 14 | 11 | Introduced and read first time: January 27, 2025 | |
| 15 | 12 | Assigned to: Judiciary | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | House action: Adopted | |
| 18 | - | Read second time: March 1, 2025 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Municipalities – Enforcement Officers – Body–Worn Cameras 2 | |
| 25 | 19 | ||
| 26 | - | FOR the purpose of including a certain municipal enforcement officer in the definition of 3 | |
| 27 | - | “law enforcement officer” for purposes of a certain exception to prohibitions against 4 | |
| 28 | - | wiretapping and electronic surveillance relating to the use of body–worn cameras by 5 | |
| 29 | - | law enforcement officers; authorizing a municipality to adopt an ordinance or a 6 | |
| 30 | - | resolution authorizing an official who is authorized to act as an a certain enforcement 7 | |
| 31 | - | officer to utilize body–worn cameras; requiring a municipality that adopts a certain 8 | |
| 32 | - | ordinance or resolution to publish a certain policy; and generally relating to 9 | |
| 33 | - | enforcement officers and body–worn cameras. 10 | |
| 20 | + | FOR the purpose of authorizing a municipality to adopt an ordinance or a resolution 3 | |
| 21 | + | authorizing an official who is authorized to act as an enforcement officer to utilize 4 | |
| 22 | + | body–worn cameras; requiring a municipality that adopts a certain ordinance or 5 | |
| 23 | + | resolution to publish a certain policy; and generally relating to enforcement officers 6 | |
| 24 | + | and body–worn cameras. 7 | |
| 34 | 25 | ||
| 35 | - | BY | |
| 36 | - | Article – | |
| 37 | - | ||
| 38 | - | Annotated Code of Maryland | |
| 39 | - | ( | |
| 26 | + | BY adding to 8 | |
| 27 | + | Article – Local Government 9 | |
| 28 | + | Section 6–103.1 10 | |
| 29 | + | Annotated Code of Maryland 11 | |
| 30 | + | (2013 Volume and 2024 Supplement) 12 | |
| 40 | 31 | ||
| 41 | - | BY repealing and reenacting, with amendments, 16 | |
| 42 | - | Article – Courts and Judicial Proceedings 17 | |
| 43 | - | Section 10–402(c)(11) 18 | |
| 44 | - | Annotated Code of Maryland 19 | |
| 45 | - | (2020 Replacement Volume and 2024 Supplement) 20 | |
| 32 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 | |
| 33 | + | That the Laws of Maryland read as follows: 14 | |
| 46 | 34 | ||
| 47 | - | BY adding to 21 | |
| 48 | - | Article – Local Government 22 2 HOUSE BILL 748 | |
| 35 | + | Article – Local Government 15 | |
| 36 | + | ||
| 37 | + | 6–103.1. 16 | |
| 38 | + | ||
| 39 | + | (A) A MUNICIPALITY MAY ADO PT AN ORDINANCE OR A RESOLUTION 17 | |
| 40 | + | AUTHORIZING AN OFFIC IAL WHO IS AUTHORIZE D TO ACT AS AN ENFOR CEMENT 18 | |
| 41 | + | OFFICER TO UT ILIZE A BODY –WORN CAMERA DURING T HE COURSE OF THE 19 | |
| 42 | + | OFFICIAL’S DUTIES. 20 | |
| 43 | + | ||
| 44 | + | (B) A MUNICIPALITY THAT AD OPTS AN ORDINANCE OR A RESOLUTION 21 | |
| 45 | + | UNDER SUBSECTION (A) OF THIS SECTION SHAL L DEVELOP AND PUBLIS H A POLICY 22 | |
| 46 | + | FOR THE ISSUANCE AND USE OF A BODY –WORN CAMERA BY AN ENFORCEMENT 23 | |
| 47 | + | OFFICER THAT ADDRESS ES: 24 2 HOUSE BILL 748 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 51 | - | Section 6–103.1 1 | |
| 52 | - | Annotated Code of Maryland 2 | |
| 53 | - | (2013 Volume and 2024 Supplement) 3 | |
| 54 | 50 | ||
| 55 | - | | |
| 56 | - | ||
| 51 | + | (1) THE TESTING OF BODY –WORN CAMERAS TO ENSU RE ADEQUATE 1 | |
| 52 | + | FUNCTIONING ; 2 | |
| 57 | 53 | ||
| 58 | - | Article – Courts and Judicial Proceedings 6 | |
| 54 | + | (2) THE PROCEDURE FOR AN ENFORCEMENT OFFICER TO FOLLOW IF 3 | |
| 55 | + | THE CAMERA FAILS TO OPERATE PROPERLY AT THE BEGINNING OF OR DURING THE 4 | |
| 56 | + | ENFORCEMENT OFFI CER’S SHIFT; 5 | |
| 59 | 57 | ||
| 60 | - | ||
| 58 | + | (3) WHEN RECORDING IS MA NDATORY; 6 | |
| 61 | 59 | ||
| 62 | - | (a) Except as otherwise specifically provided in this subtitle it is unlawful for any 8 | |
| 63 | - | person to: 9 | |
| 60 | + | (4) WHEN RECORDING IS PR OHIBITED; 7 | |
| 64 | 61 | ||
| 65 | - | (1) Willfully intercept, endeavor to intercept, or procure any other person 10 | |
| 66 | - | to intercept or endeavor to intercept, any wire, oral, or electronic communication; 11 | |
| 62 | + | (5) WHEN RECORDING IS DI SCRETIONARY ; 8 | |
| 67 | 63 | ||
| 68 | - | (2) Willfully disclose, or endeavor to disclose, to any other person the 12 | |
| 69 | - | contents of any wire, oral, or electronic communication, knowing or having reason to know 13 | |
| 70 | - | that the information was obtained through the interception of a wire, oral, or electronic 14 | |
| 71 | - | communication in violation of this subtitle; or 15 | |
| 64 | + | (6) WHEN RECORDING MAY R EQUIRE CONSENT OF A SUBJECT BEING 9 | |
| 65 | + | RECORDED; 10 | |
| 72 | 66 | ||
| 73 | - | (3) Willfully use, or endeavor to use, the contents of any wire, oral, or 16 | |
| 74 | - | electronic communication, knowing or having reason to know that the information was 17 | |
| 75 | - | obtained through the interception of a wire, oral, or electronic communication in violation 18 | |
| 76 | - | of this subtitle. 19 | |
| 67 | + | (7) WHEN A RECORDING MAY BE ENDED; 11 | |
| 77 | 68 | ||
| 78 | - | (c) (11) (i) 1. In this paragraph the following words have the meanings 20 | |
| 79 | - | indicated. 21 | |
| 69 | + | (8) PROVIDING NOTICE OF RECORDING ; 12 | |
| 80 | 70 | ||
| 81 | - | 2. “Body–worn digital recording device” means a device worn 22 | |
| 82 | - | on the person of a law enforcement officer that is capable of recording video and intercepting 23 | |
| 83 | - | oral communications. 24 | |
| 71 | + | (9) ACCESS TO AND CONFID ENTIALITY OF RECORDI NGS; 13 | |
| 84 | 72 | ||
| 85 | - | 3. “Electronic control device” has the meaning stated in § 25 | |
| 86 | - | 4–109 of the Criminal Law Article. 26 | |
| 73 | + | (10) THE SECURE STORAGE O F DATA FROM A BODY –WORN CAMERA ; 14 | |
| 87 | 74 | ||
| 88 | - | 4. “LAW ENFORCEMENT OFFIC ER” INCLUDES A 27 | |
| 89 | - | MUNICIPAL ENFORCEMEN T OFFICER DULY AUTHO RIZED UNDER § 6–103.1 OF THE 28 | |
| 90 | - | LOCAL GOVERNMENT ARTICLE TO USE A BODY –WORN CAMERA DURING T HE 29 | |
| 91 | - | COURSE OF THE OFFICE R’S DUTIES. 30 | |
| 75 | + | (11) REVIEW AND USE OF RE CORDINGS; 15 | |
| 92 | 76 | ||
| 93 | - | (ii) It is lawful under this subtitle for a law enforcement officer in 31 | |
| 94 | - | the course of the officer’s regular duty to intercept an oral communication with a 32 | |
| 95 | - | body–worn digital recording device or an electronic control device capable of recording video 33 | |
| 96 | - | and oral communications if: 34 | |
| 97 | - | HOUSE BILL 748 3 | |
| 77 | + | (12) RETENTION OF RECORDI NGS; 16 | |
| 98 | 78 | ||
| 79 | + | (13) DISSEMINATION AND RE LEASE OF RECORDINGS ; 17 | |
| 99 | 80 | ||
| 100 | - | | |
| 101 | - | ||
| 81 | + | (14) CONSEQUENCES FOR VIO LATIONS OF THE MUNIC IPALITY’S 18 | |
| 82 | + | BODY–WORN CAMERA POLICY ; 19 | |
| 102 | 83 | ||
| 103 | - | 2. The law enforcement officer is making reasonable efforts 3 | |
| 104 | - | to conform to standards in accordance with § 3–511 of the Public Safety Article for the use 4 | |
| 105 | - | of body–worn digital recording devices or electronic control devices capable of recording 5 | |
| 106 | - | video and oral communications; 6 | |
| 84 | + | (15) NOTIFICATION REQUIRE MENTS WHEN ANOTHER I NDIVIDUAL 20 | |
| 85 | + | BECOMES A PARTY TO T HE COMMUNICATION FOL LOWING THE INITIAL 21 | |
| 86 | + | NOTIFICATION; 22 | |
| 107 | 87 | ||
| 108 | - | | |
| 109 | - | ||
| 88 | + | (16) SPECIFIC PROTECTIONS FOR INDIVIDUALS WHEN THERE IS AN 23 | |
| 89 | + | EXPECTATION OF PRIVA CY IN PRIVATE OR PUB LIC PLACES; AND 24 | |
| 110 | 90 | ||
| 111 | - | 4. Law enforcement notifies, as soon as is practicable, the 9 | |
| 112 | - | individual that the individual is being recorded, unless it is unsafe, impractical, or 10 | |
| 113 | - | impossible to do so; and 11 | |
| 91 | + | (17) ANY ADDITIONAL ISSUE S DETERMINED TO BE R ELEVANT IN THE 25 | |
| 92 | + | IMPLEMENTATION AND U SE OF BODY–WORN CAMERAS BY ENFO RCEMENT OFFICERS . 26 HOUSE BILL 748 3 | |
| 114 | 93 | ||
| 115 | - | 5. The oral interception is being made as part of a videotape 12 | |
| 116 | - | or digital recording. 13 | |
| 117 | - | ||
| 118 | - | (iii) Failure to notify under subparagraph (ii)4 of this paragraph does 14 | |
| 119 | - | not affect the admissibility in court of the recording if the failure to notify involved an 15 | |
| 120 | - | individual who joined a discussion in progress for which proper notification was previously 16 | |
| 121 | - | given. 17 | |
| 122 | - | ||
| 123 | - | Article – Local Government 18 | |
| 124 | - | ||
| 125 | - | 6–103.1. 19 | |
| 126 | - | ||
| 127 | - | (A) IN THIS SECTION, “ENFORCEMENT OFFICER ” MEANS AN EMPLOYEE OR 20 | |
| 128 | - | AGENT OF A MUNICIPAL ITY WHO IS AUTHORIZE D TO ACT AS A CODE E NFORCEMENT , 21 | |
| 129 | - | PARKING ENFORCEMENT , OR TRAFFIC ENFORCEME NT OFFICER FOR THE 22 | |
| 130 | - | MUNICIPALITY. 23 | |
| 131 | - | ||
| 132 | - | (A) (B) A MUNICIPALITY MAY ADO PT AN ORDINANCE OR A RESOLUTION 24 | |
| 133 | - | AUTHORIZING AN OFFICIAL WHO IS AUTH ORIZED TO ACT AS AN ENFORCEMENT 25 | |
| 134 | - | OFFICER TO UTILIZE A BODY–WORN CAMERA DURING T HE COURSE OF THE 26 | |
| 135 | - | OFFICIAL’S ENFORCEMENT OFFICER ’S DUTIES. 27 | |
| 136 | - | ||
| 137 | - | (B) (C) A MUNICIPALITY THAT A DOPTS AN ORDINANCE O R A RESOLUTION 28 | |
| 138 | - | UNDER SUBSECTION (A) (B) OF THIS SECTION SHAL L DEVELOP AND PUBLIS H A 29 | |
| 139 | - | POLICY FOR THE ISSUA NCE AND USE OF A BOD Y–WORN CAMERA BY AN 30 | |
| 140 | - | ENFORCEMENT OFFICER THAT ADDRESSES: 31 | |
| 141 | - | ||
| 142 | - | (1) THE TESTING OF BODY –WORN CAMERAS TO ENSU RE ADEQUATE 32 | |
| 143 | - | FUNCTIONING ; 33 | |
| 144 | - | 4 HOUSE BILL 748 | |
| 145 | - | ||
| 146 | - | ||
| 147 | - | (2) THE PROCEDURE FOR AN ENFORCEMENT OFFICER TO FOLLOW IF 1 | |
| 148 | - | THE CAMERA FAILS TO OPERATE PROPERLY AT THE BEGINNING OF OR DURING THE 2 | |
| 149 | - | ENFORCEMENT OFFICER ’S SHIFT; 3 | |
| 150 | - | ||
| 151 | - | (3) WHEN RECORDING IS MA NDATORY; 4 | |
| 152 | - | ||
| 153 | - | (4) WHEN RECORDING IS PR OHIBITED; 5 | |
| 154 | - | ||
| 155 | - | (5) WHEN RECORDING IS DI SCRETIONARY ; 6 | |
| 156 | - | ||
| 157 | - | (6) WHEN RECORDING MAY R EQUIRE CONSENT OF A SUBJECT BEING 7 | |
| 158 | - | RECORDED; 8 | |
| 159 | - | ||
| 160 | - | (7) WHEN A RECORDING MAY BE ENDED; 9 | |
| 161 | - | ||
| 162 | - | (8) PROVIDING NOTICE OF RECORDING; 10 | |
| 163 | - | ||
| 164 | - | (9) ACCESS TO AND CONFID ENTIALITY OF RECORDI NGS; 11 | |
| 165 | - | ||
| 166 | - | (10) THE SECURE STORAGE OF DA TA FROM A BODY –WORN CAMERA ; 12 | |
| 167 | - | ||
| 168 | - | (11) REVIEW AND USE OF RE CORDINGS; 13 | |
| 169 | - | ||
| 170 | - | (12) RETENTION OF RECORDI NGS; 14 | |
| 171 | - | ||
| 172 | - | (13) DISSEMINATION AND RE LEASE OF RECORDINGS ; 15 | |
| 173 | - | ||
| 174 | - | (14) CONSEQUENCES FOR VIO LATIONS OF THE MUNIC IPALITY’S 16 | |
| 175 | - | BODY–WORN CAMERA POLICY ; 17 | |
| 176 | - | ||
| 177 | - | (15) NOTIFICATION REQUIRE MENTS WHEN ANOTHER I NDIVIDUAL 18 | |
| 178 | - | BECOMES A PARTY TO T HE COMMUNICATION FOL LOWING THE INITIAL 19 | |
| 179 | - | NOTIFICATION; 20 | |
| 180 | - | ||
| 181 | - | (16) SPECIFIC PROTECTIONS FOR INDIVIDUALS WHEN THERE IS AN 21 | |
| 182 | - | EXPECTATION OF PRIVA CY IN PRIVATE OR PUB LIC PLACES; AND 22 | |
| 183 | - | ||
| 184 | - | (17) ANY ADDITIONAL ISSUES DETERMINED TO BE REL EVANT IN THE 23 | |
| 185 | - | IMPLEMENTATION AND U SE OF BODY–WORN CAMERAS BY ENFO RCEMENT OFFICERS 24 | |
| 186 | - | IS CONSISTENT WITH T HE POLICY PUBLISHED BY THE MARYLAND POLICE TRAINING 25 | |
| 187 | - | AND STANDARDS COMMISSION UNDER § 3–511 OF THE PUBLIC SAFETY ARTICLE 26 | |
| 188 | - | FOR THE ISSUANCE AND USE OF BODY –WORN CAMERAS BY LAW ENFORCEMENT 27 | |
| 189 | - | OFFICERS. 28 | |
| 190 | - | HOUSE BILL 748 5 | |
| 191 | 94 | ||
| 192 | 95 | ||
| 193 | 96 | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 | |
| 194 | 97 | October 1, 2025. 2 | |
| 195 | 98 | ||
| 196 | - | ||
| 197 | - | ||
| 198 | - | ||
| 199 | - | ||
| 200 | - | Approved: | |
| 201 | - | ________________________________________________________________________________ | |
| 202 | - | Governor. | |
| 203 | - | ________________________________________________________________________________ | |
| 204 | - | Speaker of the House of Delegates. | |
| 205 | - | ________________________________________________________________________________ | |
| 206 | - | President of the Senate. |